MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            11 January 2001
	DOCKET NUMBER:   AR2000040654

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Rosa Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Ms. Ann M. Campbell		Member	
	Mr. Donald P. Hupman		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that his records be corrected to show that he enlisted in the Army National Guard (ARNG) in August 1973.

APPLICANT STATES:  In effect that in addition to correction of his enlistment date, he also earned “comp time” which he was never allowed to use.  In 1981, he requested time off and he was refused.  He submits a copy of his NGB Form 22 (Report of Separation and Record of Service), separation orders, an honorable discharge certificate, a National Guard Certificate of Accomplishment, a letter from a previous member of his chain of command who contends that he met the applicant in August 1973.  He also submits a letter from a recruiter who contends that he believes that the applicant enlisted in August 1973, but that he has no knowledge of when the applicant’s packet was finalized because he was not the person who completed the action.   

EVIDENCE OF RECORD:  The applicant's military records show:

He served honorably in the Regular Army from 21 November 
1951-22 June 1955.  At the end of this enlistment, he was transferred to the United States Army Reserve (USAR) to fulfill the remainder of his 8 year service obligation.  On 7 October 1957, he was discharged from the USAR.

On 8 October 1957, he enlisted in the United States Airforce for a period of 
4 years.  The available records contain no further information concerning this period of service.

The available records show that he enlisted in the North Carolina (NC ARNG) on 
31 December 1973 and he served until he was honorably discharged on 
1 September 1981.

NGB Form 23 (Retirement Points Record) shows his retirement year (RY) goes from 31 December to 30 December of the following year.  The earliest entry is on the RY 31 December 1973-30 December 1974.  No entries for “comp time” are shown on his NGB Form 23. 

Neither is “comp time” documented anywhere else in the record.  “Comp time” must be properly documented to show who worked, what hours were worked and when the hours were worked.  The use of “comp time” must be worked out between the individual and the supervisor granting the “comp time.”  There is no official status of “comp time” for military personnel.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the  satisfaction of the Board, or it must otherwise satisfactorily appear, that the record 
is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  Even though the applicant has submitted statements from members of his chain of command who contend that they believe that he enlisted on a date earlier than December 1973, he has provided no probative evidence that shows that the date that he enlisted is different from that which is shown in his records.

3.  The available records show no recorded “comp time.”  In fact, he should have settled the use of such time, if appropriate, while he was serving in the NC ARNG. 

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__emw__  __amc___  __dph___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000040654	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010111	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19810901	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(NC)	
REVIEW AUTHORITY		
ISSUES         1.	112.0500	
2.		
3.		
4.		
5.		
6.